- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: No
- Primary Security Instruments: Mortgage
- Timeline: Typically 120 days
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Yes
In Kansas, lenders may foreclose on a mortgage in
default by using the judicial foreclosure process.
Judicial Foreclosure
The judicial process of foreclosure, which
involves filing a lawsuit to obtain a court order to foreclose, is
used when no power of sale is present in the mortgage or deed of
trust. Generally, after the court declares a foreclosure, the
property will be auctioned off to the highest bidder.
The notice of the time and sale must be advertised
once a week for three (3) consecutive weeks, with the last
publication being no more than fourteen (14) and no less than seven
(7) days before the scheduled date of sale. Notice of the sale must
also be sent to the borrower within five (5) days of the first
advertisement.
Unless otherwise ordered by the court, the sale is
typically held at the courthouse of the county in which the property
resides. The sale is by public auction to the highest bidder, who
will receive a certificate of purchase. After the sale is confirmed,
the winning bidder will be entitled to receive a sheriff's deed,
which will vest good and perfect title to the foreclosure bidder,
once the borrowers right of redemption has expired. The borrower
typically has twelve (12) months from the date of the foreclosure
sale to redeem the property.
Lenders may sue to obtain a deficiency judgment
for the difference between the foreclosure sale price and the amount
due on the original mortgage.
More information on Kansas foreclosure laws.
